report. monitoring poland's eastern borders · “border area protection troops” ( wojska...

Report.MonitoringPoland'sEasternBorders

Stefan Batory Foundation

Helsinki Foundation for Human Rights

Warsaw, June 2003


10a, Sapie¿yñska

00-215 Warsaw

tel. |48-22| 5360200

fax |48-22| 5360220

[email protected]

www.batory.org.pl

Authors: Jakub Boratyñski, Marta Kindler,

Irena Rzepliñska, Karolina Stawicka, Ernest Zienkiewicz

Co-operation: Leszek Chajewski

Editorial and proofreading

of the Polish edition: Aleksandra Zieleniec

English translation: Aleksandra Sobczak-Kovesi

Artwork in Stefan Batory Foundation publication's: Marta Kusztra

Graphic design and typesetting: Micha³ Poloñski

Cover photograph: Karolina Stawicka

Report photographs: Robert Kazimir

This publication was prepared and published as a part of a join project by the Stefan

Batory Foundation and the Helsinki Foundation for Human Rights.

© Copyright for the Polish (English) edition by the Stefan Batory Foundation

ISBN 83-89406-07-1

This publication is distributed free of charge.

Warsaw, June 2003

This Monitoring Poland’s Eastern Borders report has been drafted as part of a

joint project by the Stefan Batory Foundation and the Helsinki Foundation for

Human Rights. This report shows the situation along Poland’s eastern border as

described by foreigners crossing it, who decided to share their opinion with us

by filling in an anonymous questionnaire.

The Border Openness and the Visa Policy Monitoring Project is part of our ef-

forts of the past few years to make Poland’s eastern border more friendly. This

border, soon to become an external border of the European Union, should re-

main open to neighbourly co-operation and human contact. This is a particular-

ly crucial challenge in view of the visa requirement introduced for our eastern

neighbours as of July 1st 2003.

We wish to thank all non-governmental organisations who have engaged in

our border monitoring project. Special thanks are due to the Local Initiatives

Forum (Forum Inicjatyw Lokalnych) and the Volunteers’ Centre (Punkt Wolontar-

iatu) in Kêtrzyn, the Polish Scouts’ Union Troop Headquarters in Suwa³ki and in

Bia³ystok, the Pro Academia Narolense Foundation of Narol, and the Youth Par-

liament (Parlament M³odzie¿y) Association from Przemyœl, who have all assisted

us in research of border crossing areas. We wish to thank all volunteers who

took part in our research. Those are, in alphabetical order: Marek Bajsicki, Izabe-

la Bednarczyk, Wojciech Caruk, Olga Czopko, Jan Czornij, Daniel Gawrysiak,

Monika Gêborys, Anna Ejsmont, Piotr Gred, Adrianna Haszczyn, Iwana Hnatiuk,

Introduction

4

Grzegorz Jaszczuk, Bogus³aw K³osiewicz, Karol K³oskiewicz, Marcin Koniak, Pawe³

Koniak, Pawe³ Kotowski, Bart³omiej Kowal, Katarzyna Kozak, Robert Krawczyk,

Maciej Kryñski, Miros³aw Kuriata, Mariusz Kwiatkowski, Beata £abinowicz, Irena

£ady¿yñska, Kamil £owczyñski, Edyta £uków, Igor Mironkiewicz, El¿bieta Miszk-

iel, Kinga Nietupska, Marcin Rechulicz, Piotr Romaniuk, Jaros³aw Ruszewski,

Katarzyna Rutkowska, Urszula Tabaka, Marek Tereszczuk, Wojciech Tr¹d, Katarzy-

na Turosiñska, Kamil Skalski, £ukasz Skrzypek, Katarzyna S³owiñska, Monika Soj-

ka, Krzysztof Stêpieñ, Karolina Œwirbutowicz, Anna Szulc, Katarzyna Zaj¹c, £ukasz

Zapolski, Monika Zawadzka, and Katarzyna Zdrada.

Moreover, we wish to offer warm words of thanks to our experts for their

counsel and assistance in drafting this report, with special thanks due to Leszek

Chajewski, Ph.D., for having compiled research results, and to Grzegorz Gro-

madzki for his review of the report.

We wish to thank the Border Guard Headquarters for making their materi-

als available.


Helsinki Foundation for Human Rights

5Report. MonitoringPoland's Eastern Borders

Table of Contents

A Friendly Border 7

Program of Monitoring

Eastern Border Crossings

Project Description 11

Research Objectives,

Tools, and Conditions 19

Study Results 23

Recommendations 41

Annex

Legal Conditions of Foreigner

Entry to and Stay

in the Republic of Poland 47

List of Relevant Legislation 56

Contour Map of Poland 58


Today, most Europeans consider the free and easy crossing of borders with

no shivers down the spine obvious – hardly anyone actually stops to think about

the process any more. We Poles are also slowly but surely losing memory of

times when any trip abroad had been a major expedition spiked with obstacles:

the queuing for a passport, the fear that “they might refuse”, the weeks-long

visa queues at foreign consulates, all followed by a border encounter with a

uniformed representative of the Polish People’s Republic, considering any trav-

eller a suspect. Such rather unfriendly – to put things mildly – attitude towards a

citizen of one’s own state had been a typical feature of any contact with admin-

istrative officials. Upon coming back home, the humiliating procedure of return-

ing the passport to the militia no later than within seven days topped the whole

experience up.

Millions of Poles found the right to keep one’s passport at home and visa an-

nulment by most European states truly revolutionary. A change of the name –

“Border Area Protection Troops” (Wojska Ochrony Pogranicza) to the “Border Guard”

(Stra¿ Graniczna) –was accompanied by another major change: that of the armed

border zone services’ attitude towards citizens crossing borders. True, the situa-

tion itself is far from perfect; incidents and cases of corruption have been dis-

closed as a direct consequence of high unemployment in Polish border area re-

gions, where petty smuggling remains the main source of income for many; as a

result of inadequate border infrastructure facilities, lorry drivers have to queue up

A Friendly BorderJakub Boratyñski

Jakub Boratyñski

– International

Co-operation

Program,

Stefan Batory

Foundation

8

for long hours. Nonetheless, a Pole travelling by train, bus, or passenger car is no

longer exposed to unpleasant treatment of his native uniformed services when

crossing a border. The fact of any such case being shown and debated in the media

ought to be regarded as highly positive. We are aware of the rights due to us, and

are no longer afraid of demanding that they be respected.

We should bear in mind, however, that Polish border protection services are

daily exposed to a temptation of applying double standards. On the one hand,

there are Polish citizens, who may well complain to the media, and/or to compe-

tent authorities. The same applies to travellers from western countries. Upon

the arrival of a foreigner from the East, however, who may be smuggling liquor,

or seeking illegal employment in Poland, the temptation to treat him or her

worse than one would a Pole surges. A traveller from the East – usually very keen

on entering Poland – will obviously file no complaint even if abused or forced to

hand over a petty bribe. He or she just wants to cross the border and get it over

with. Information in the Polish press describing the inappropriate or arrogant

treatment of those entering the country from the East had usually been given by

Polish travellers, witnesses to such events.

Double standards are obviously not a Polish problem only. The discrimina-

tion of Poles on the borders of some European Union countries is by no means

a great rarity. They are frequently asked detailed – and occasionally humiliating

– questions concerning the reason for travel. The situation gets worse when

travellers of a different racial background cross borders. It is naturally the duty of

border authorities to fight smuggling, illegal migration, and other pathologies.

Nevertheless, it is quite easy to cross the gossamer-thin borderline of legal and

indeed detailed control action, and abusive behaviour violating the dignity of or

humiliating another human being.

The mission of the Helsinki Foundation for Human Rights formed in 1990 is

that of developing a culture of freedom and human rights domestically and

abroad. One of the fundamental forms of the Foundation’s work is that of mon-

itoring legislative and enforcement practices in Poland. Studies relating to con-

formity with human rights at a variety of state administrative authorities enable

to draft reports, recommendations, and legislative suggestions aiming at an


overall improvement in the field, and – ultimately – introducing the state of law

concept in the country. The Foundation indeed pays particular attention to re-

searching the situation of national and ethnic minorities, and of selected social

groups. In their day-to-day work, during targeted hours on civic duty, Founda-

tion employees provide i.a. free of charge legal advice to foreigners and refu-

gees. Travellers from beyond the eastern border have been informing Founda-

tion representatives of the poor treatment they encountered, and of difficulties

with filing applications for refugee status. Many fear changes to be introduced

along the eastern border as part of the process of Poland joining the European

Union. Hence, in following our statutory tasks, Foundation has decided to en-

gage in the program of monitoring the situation at border crossings in Poland.

Ever since its early days, the Stefan Batory Foundation has attached great

importance to developing sound relations with Poland’s eastern neighbours.

Thousands of Belorusians, Ukrainians, and Russians have visited Poland upon

our invitation, or as part of programs we have financed. This would not have

been possible, were it not for the downfall of the Soviet Union, and of its strictly

guarded border with Moscow satellite states. Ever since the inhabitants of Rus-

sia, Belarus, and Ukraine have had no major difficulty with travelling around

Central and Eastern Europe. The open borders policy has been made part of a

broader strategy of good neighbourly relations implemented by Polish authori-

ties as well as by other Central European states. Western states have been en-

couraging our region to engage in such regional co-operation since the early

nineties, perceiving it – correctly so – as a source of stability for the continent.

We believe that the success of that policy owes to the opening of borders, which

has made travel possible for thousands of average citizens, which in turn al-

lowed for the overcoming of mutual historically rooted prejudice, stereotypes,

and unfriendliness – of particular importance in view of the very difficult Polish-

Russian and Polish-German relations. Open borders have also facilitated con-

tacts between national minorities (such as Belorusians from Poland and Hungar-

ians from Ukraine) with their countries of origin.

Polish accession to the European Union entails the introduction of a visa re-

quirement for our eastern neighbours. Indubitably, despite Poland’s best efforts

10

to make the visa application and collection procedures possibly easy, including

the annulment of visa fees for Ukrainian citizens, the visa requirement will defi-

nitely make travelling to Poland more difficult for citizens of eastern countries.

Hence the ever-greater importance of a matter immaterial, relating to human

attitudes and behaviour – that of proper treatment of foreigners along the Union’s

future eastern border by Polish authorities. Are we going to make our neigh-

bours feel that they are second-class Europeans by treating them badly? Or shall

we offer them a display of a European standard worth aspiring to through top

professionalism and politeness?

A border crossing is the first location encountered by a traveller to the united

Europe. In her will to promote active pro-eastern policies and to encourage our

eastern neighbours to maintain close bonds with Europe and build democracy, Po-

land should do anything and everything possible for that border to be a friendly one.

Monitoring border openness is a joint program by both Foundations promot-

ing the concept of a friendly border. We are deeply convinced that in learning the

opinions of foreigners crossing Poland’s eastern border as concerns the behaviour

of Polish border control and protection services we shall be aided in work to im-

prove the overall service standards in terms of proper treatment offered to for-

eigners by the Border Guard, Customs Authorities, and other administrative bod-

ies. Furthermore, we hope that a study of the problem and publications describing

study results will make the public opinion more sensitive to this crucial issue.


The Border Openness and the Visa Policy Monitoring project is a joint endeav-

our by the Stefan Batory Foundation and the Helsinki Foundation for Human

Rights, inaugurated in the fall of 2001 with the purpose of studying the treat-

ment encountered by foreigners crossing Poland’s eastern border, the future

outer border of the European Union.

Non-governmental organisations from throughout the country have been invited

to engage in the project. Ultimately, we have had 80 non-governmental organisa-

tions and scientific or research centres participating (a list of main project participant

organisations has been enclosed below). Some of the large regional non-govern-

mental organisations have handed the project concept over to their local partners. At

the first (preparatory) stage of the project, a questionnaire was drafted, and meet-

ings were organised to inform organisations of the project, in order to get them

ready for monitoring-based studies. The questionnaire, drafted in five language ver-

sions (English, Belarussian, Polish, Russian, and Ukrainian) contained questions con-

cerning the manner of treatment encountered by foreigners on Polish borders. The

main monitoring research was preceded with a pilot study among students of the

International Human Rights School of the Helsinki Foundation for Human Rights,

which had taken place during the period of February 22nd through February 28th 2002.

The study of foreign citizens crossing Poland’s eastern border was held dur-

ing the period of early March through late September 2002. All responses were

voluntary and anonymous.

Project DescriptionKarolina Stawicka

Karolina Stawicka –

Legal Education

Program,

Stefan Batory

Foundation

12

The study extended to guests of non-governmental organisations operating

in eastern states, arriving in Poland upon invitation to a variety of workshops,

meetings, conferences, and seminars, and to foreign citizens selected at random

immediately upon their crossing of the Polish border.

Several non-governmental organisations based in the vicinity of Poland’s east-

ern border engaged in the study during the summer months of early July through

late September 2002. Those organisations were chosen for reasons of efficiency

in operation, proximity to Poland’s eastern border, and the numerous groups of

employees and volunteers at hand.

Local partners to the project engaging in border area studies included the

following: Local Initiatives Forum (Forum Inicjatyw Lokalnych) and the Volun-

teers’ Centre in Kêtrzyn, the Polish Scouts’ Union Troop Headquarters in Suwa³ki

and in Bia³ystok, the Pro Academia Narolense Foundation of Narol, and the Youth

Parliament (Parlament M³odzie¿y) Association from Przemyœl.

Each organisation appointed an individual responsible for project implementa-

tion, in particular for recruiting volunteers, and for preparing and implementing

the study itself. Questionnaire handlers were informed of the project objective,

and presented with safety guidelines (visibility, work to be performed in groups of

two/three, proceeding in conformity to the letter of law, remaining peaceful and

controlled at all times). Moreover, they were equipped with proper identification

certificates to be presented to competent authorities during ID checks, or to con-

cerned individuals partak-

ing in the study. All such

registered certificates were

signed by persons respon-

sible for organising the

study, and specified the

name of the delegating in-

stitution. A total of 52 vol-

unteers engaged in the bor-

der area study. All of the

aforementioned organisa-


tions received financial aid from

the Stefan Batory Foundation to

co-ordinate the monitoring study

project, and to finance the volun-

teers’ transfer to border crossings.

The project proceeded as

follows along the various bor-

der sections:

Along the Polish-Russian bor-

der, the Local Initiatives Forum

held the study, duly assisted by

the Volunteers’ Centre in Kêtrzyn. During the period of August 15th through Sep-

tember 28th 2002, twelve questionnaire handlers took 24 trips to the Bezledy

border crossing, and 9 trips to the marketplace in Bartoszyce, where they pro-

ceeded to ask foreign traders questions based on the questionnaire, once or

twice a day. In Bezledy, questionnaires were presented to individuals awaiting

passport and customs clearance. A total of 774 questionnaires were filled in.

Border Guard officials, formerly notified of the study to be held, did not hinder

research proceedings, and treated questionnaire handlers in a respectful and

friendly manner.

In her study follow-up report, Katarzyna Kozak (co-ordinator of the question-

naire handler group from Kêtrzyn), wrote among others: “Individuals asked to

fill in questionnaires initially feared unpleasant reactions of the Customs or bor-

der authorities. After one week, they began showing trust. (…) The willingness

to fill in questionnaires varied. People less tired and not forced to queue for a

long time when crossing the border were willing to fill questionnaires in. If tired

with long hours of queuing up and with poor weather conditions, they did not

want to fill them in.”

Along the Polish-Belarussian and Polish-Lithuanian border, the study was

held during the period of August 30th through September 28th by the Polish

Scouts’ Union Troop Headquarters in Suwa³ki and in Bia³ystok. This group pro-

duced 230 questionnaires. Fifteen volunteers split into two groups: a) the

14

Suwa³ki group responsible for study proceedings at border crossings in KuŸni-

ca Bia³ostocka (4 trips) and Bobrowniki (6 trips) and at the Sokó³ka market-

place visited by traders arriving via the KuŸnica crossing, and b) the Bia³ystok

group handling study proceedings at the Po³owce border crossing (2 trips).

Questionnaire handlers encountered no problems or unpleasant treatment

when in contact with border officials, Customs Authorities, or the police. A con-

siderable group of those questioned, however, refused to participate in the study.

This was specifically typical of the KuŸnica border crossing, where traders leav-

ing the train were unwilling to respond to any questions in the presence of Bor-

der Guard and Customs Authorities officials. Also lorry and car-carriage platform

drivers frequently refused to fill in questionnaires.

Excerpt from the follow-up report by Jaros³aw Ruszewski, the Suwa³ki group

co-ordinator: “Many people at the marketplace and border crossing at KuŸnica

refused to fill in questionnaires, declaring fear of the border authorities and the

police; after a few minutes of conversation, they would, however, offer to fill in

questionnaires in exchange for a purchase of the goods they offered (vodka,

cigarettes). Such individuals were not presented with questionnaires.”

Along the Polish-Ukrainian border, two organisations engaged in the study:

the Pro Academia Narolense Foundation, and the Youth Parliament Association

from Przemyœl.

Pro Academia Narolense Foundation questionnaire handlers worked the Pol-

ish-Ukrainian border crossings at Korczowa and Hrebenne, and marketplaces

in the border area towns of Narol, Tomaszów Lubelski, Be³¿ec, and Lubaczów.

Studies held by a group of eight volunteers during the period of September

13th through September 20th 2002 (a total of 12 trips) yielded a total of 259

questionnaires. Bogus³aw K³osiewicz, Narol group co-ordinators, admits: “Ev-

ery fourth person, on average, refused to answer questions, declaring no time

or interest. Local government authorities, formerly notified of the campaign,

offered support, i.a. by providing transfers to border crossings.”

The Youth Parliament Association from Przemyœl engaged in study proceed-

ings during the period of August 26th through September 30th 2002, working

on foreigners entering Poland via the Medyka and Korczowa border crossings,


and on those arriving to the railway and bus stations in Przemyœl. A total of

447 questionnaires were collected.

Before their work commenced, the group of fifteen volunteers attended a

meeting with a representative of the Helsinki Foundation for Human Rights, who

instructed them in the rules and methods of monitoring. The session was also

attended by Jaime Ruize de Santiago, a representative of the United Nations

High Commissioner for Refugees in Poland, who emphasised the importance of

being particularly attentive and sensitive to foreign citizens, particularly those

fleeing their own countries in an attempt to escape oppression, and seeking

refuge in another state.

The group of questionnaire handlers included two representatives of the

Ukrainian minority resident in Przemyœl and its neighbourhood. Their command

of the Ukrainian language facilitated contacts with a major group of respon-

dents, and made gaining trust and confidence easier.

“Thanks to such a solution, the major problem of the respondents’ ‘trust’

and ‘understanding’ was resolved. Concurrently, the project itself took on a

new dimension. By working together, young people got to know each other

as well,” wrote Robert Kazimir, project co-ordinator on behalf of the Youth

Parliament Association from Przemyœl, in his follow-up report.

Non-governmental organisations – not only those operating in border areas –

used the project to their own benefit: they have been able to expand their knowl-

edge on issues concerning pol-

icy as well as visa and migra-

tion laws, and on the current

stage of Polish negotiations in

the area of justice and home

affairs, and the Schengen Trea-

ty. Project-related information

and the questionnaire itself

were constantly available on

websites of the non-govern-

mental organisations’ portal

16

(www.ngo.pl), on the website of non-governmental organisations operating in

the East (www.go2east.ngo.pl), as well as on Stefan Batory Foundation websites

(www.batory.org.pl). Contact between organisations was facilitated by a special-

purpose e-mail address: [email protected].

Furthermore, the press, radio, and local TV stations featured news of the project

and its proceedings. Of all the press articles published on the border monitoring

project, the following are noteworthy:

- Bezledy. A Look up Close at the Border Authorities (Bezledy. S³u¿by graniczne

pod lup¹), Gazeta Olsztyñska, August 26th 2002;

- From the Border. Questionnaire Handlers at Border Crossings. You May Com-

plain (Z granicy. Ankieterzy na przejœciu. Mo¿na siê poskar¿yæ), Gazeta Wyborc-

za, Olsztyn, August 27th 2002;

- Refugee Commissioner Pays a Visit (Wizyta komisarza ds. uchodŸców), Gazeta

Codzienna ‘Nowiny’, Rzeszów, August 29th 2002;

- Questionnaire Handlers at the Border (Ankieterzy na przejœciach), Super No-

woœci, Przemyœl, September 5th 2002;

- P. Pytlakowski: Taking it to the Border. Scenes from the Border Area (Na granicy

wytrzyma³oœci. Sceny graniczne), Polityka, September 25th 2003, No. 38, pgs.

48-51, and the www.polityka.onet.pl portal;

- How We Treat Foreigners. They are no Terrorists (Jak traktujemy obcokrajowców.

Nie s¹ terrorystami), ¯ycie Podkarpackie, September 18th 2002.

List of organisations involved in the Border Openness and the Visa Policy Monitoring:

Caritas Poland, International Relations Centre (Centrum Stosunków Miêdzynar-

odowych), Education for Democracy Foundation (Fundacja Edukacji dla Demokracji),

Social-and-Economic Initiatives Foundation (Fundacja Inicjatyw Spo³eczno-Ekonom-

icznych), IDEE Foundation of the Institute for Democracy in Eastern Europe (Fun-

dacja Instytut na rzecz Demokracji w Europie Wschodniej), CASE Scientific Founda-

tion, Foundation in Support of Local Democracy (Fundacja Rozwoju Demokracji

Lokalnej), regional chapters included, Civic Society Development Foundation (Fun-

dacja Rozwoju Spo³eczeñstwa Obywatelskiego), Institute of Public Affairs (Instytut

Spraw Publicznych), Polish Humanitarian Organisation (Polska Akcja Humanitarna

Polish-American Freedom Foundation (Polsko-Amerykañska Fundacja Wolnoœci),


Association for Non-Governmental Initiatives Forum (Stowarzyszenie na Rzecz Fo-

rum Inicjatyw Pozarz¹dowych), the Klon/Jawor Association, the Warsaw University

Law Clinic (Klinika Prawa), the Human Rights Centre (Oœrodek Praw Cz³owieka) of

the Jagiellonian University, La Strada, the Borussia Cultural Community Associa-

tion (Stowarzyszenie Wspólnota Kulturowa), the Association of Friends of Czarna

Bia³ostocka and its Neighbourhood (Towarzystwo Przyjació³ Czarnej Bia³ostockiej i

Okolic), the Miko³ajki Association of Support for Local Initiatives (Miko³ajskie Sto-

warzyszenie Wspierania Inicjatyw Lokalnych), the ESOPS Elbl¹g Association of So-

cial Welfare Organisers (Elbl¹skie Stowarzyszenie Organizatorów Pomocy Spo³ecznej),

the Local Initiatives Forum and the Volunteers’ Centre in Kêtrzyn, the Elbl¹g Foun-

dation, the Volunteers’ Centre (Centrum Wolontariatu) and the Public Administra-

tive Servants’ College (Wy¿sza Szko³a Administracji Publicznej) in Bia³ystok, the Pol-

ish Scouts’ Union in Bia³ystok, the Krzy¿owa Foundation for European Agreement

(Fundacja Dla Porozumienia Europejskiego), the John Paul II Foundation (Fundacja

Jana Paw³a II) of Lublin, the European Collegiate Association of Polish and Ukraini-

an Universities (Europejskie Kolegium Polskich i Ukraiñskich Uniwersytetów), the

Border Zone Foundation – Borderlines of Arts, Cultures, and Nations Centre (Fun-

dacja ‘Pogranicze’ – Oœrodek ‘Pogranicze Sztuk, Kultur i Narodów’), Association of

Culture Facilitators in Rural Areas (Stowarzyszenie Animatorów Kultury na Wsi), the

Nowy Staw Foundation, and the Helsinki Foundation for Human Rights and the

Stefan Batory Foundation, both of whom acting as project co-ordinators.


ObjectivesThe Stefan Batory Foundation and the Helsinki Foundation for Human Rights

embarked upon a joint study of treatment encountered by foreign citizens along

the borders of the Republic of Poland. In the year 2002, the situation at Polish

border crossings was monitored. In the fall of 2003, the process of monitoring

the situation at Polish diplomatic facilities shall commence, in view of the visa

requirement being introduced for our Eastern neighbours. We have been in-

spired to launch such study i.a. by press articles describing cases of human rights

violations on Polish borders, and by stories told by foreign citizens arriving from

the East and seeking legal counsel with non-governmental organisations. In our

joint endeavour, we refer to the experience of the Helsinki Foundation for Hu-

man Rights active in monitoring human rights enforcement in Poland, including

the situation of refugees on Polish borders1 , as well as to the 2000-2002 study

visits organised along Poland’s eastern border by the Stefan Batory Foundation2 .

Research Objectives,Tools and ConditionsMarta Kindler

Marta Kindler –

Anti-corruption

Program,

Stefan Batory

Foundation

1 Report: Monitoring Border Control Units of the Border Guard in view of the Right to Apply for RefugeeStatus in the Republic of Poland. Drafted by H. Rubinstein, A. Rutkiewicz, I. Rzepliñska, E. Zienkiewicz.

Helsinki Foundation for Human Rights, Warsaw 1998, page 31 (No. 210; Report: The Law and Refu-

gee Rights in Poland. Helsinki Foundation for Human Rights, Warsaw 1994, page 43 (No. 6).2 The Stefan Batory Foundation organised study visits to the Polish-Ukrainian border for journalists from

European Union states: Future External Border of the European Union (November 2000), Europe’s NewBorders (October 2001), and Poland and Ukraine: New Border – New Co-operation (November 2002).

20

The purpose of the 2002 study was to learn the opinions of foreign citizens as

to the manner of treatment they had encountered in contact with Polish author-

ities when crossing the border.

Study authors offered the following hypothesis: it does happen that along

Poland’s eastern border, foreign citizens crossing the border are being mistreat-

ed by Polish border authorities, such behaviour stemming from the application

of double standards in approach to foreigners. Authors understand double stan-

dards as different treatment applied by border authorities to travellers from the

East and the West, with wrongful treatment involving lack of respect for the

dignity of travellers, and thus constituting a violation of human rights.

The study was pioneer in nature. The method applied consists in a compro-

mise between a sociological research method and the case study method of

disclosing human rights violation cases, the latter introduced for purposes of

human rights monitoring3 .

Tools Applied for Study PurposesThe study involved a questionnaire divided into four parts. Part A contained

questions about the respondent; part B concerned the reasons for entry into

Poland (closed-end questions apart, part B contained one open-end question

concerning the form of obtaining a visa); part C contained questions about the

circumstances of crossing Poland’s eastern border (or via an airport) from the

Russian, Belarussian, Ukrainian, or Polish side. In the final part of the question-

naire, respondents presented comments as to what could make their travel to

Poland easier in the future.

More than one-half of all questions were open-end. The responses provided

helped paint an overall picture of the situation prevalent at border crossings.

The questionnaire itself was available in five languages: English, Belarussian,

Russian, Ukrainian, and Polish.

3 Human Rights Monitoring, Helsinki Foundation for Human Rights, Warsaw, 2000.


The Studied PopulationThe study extended to 1.659 foreign citizens who arrived in Poland, crossing

her eastern border. Of the entire population researched, 49% was female, and

51% was male; 47.5% declared secondary school education, 47% – university

education, whereas only 5.5% had primary school education; 48% declared Ukrai-

nian citizenship, 33% – Russian citizenship, 14% – Belarussian citizenship, with

5% declaring “other”; 45% filled the questionnaire in in the Russian language,

42% – in Ukrainian, 11% – in Belarussian, and 1% each in the Polish and English

languages, respectively.

Dates and ConditionsThe study of persons invited by Polish non-governmental organisations was

held during the period of March through September 2002 at non-governmental

organisations’ premises, which is why the conditions under which questionnaires

were filled in varied greatly from those on offer to those filling questionnaires in

at the border. Guests of non-governmental organisations were providing respons-

es far away from the border itself, and the authorities working there. This form

of study extended to 432 individuals, or 26% of the entire population researched.

The pilot study on the eastern border was held in July 2002, with the main-

stream research of 1,227 persons (i.e. 74% of the studied population) crossing

the border and trading their goods at bazaars in border area locations held dur-

ing the period of August and September 2002.

Twenty-nine percent of the studied population crossed the border in Bezledy,

20% – in Medyka, 15% – in Hrebenne, 9% – in Bobrowniki, 6% – in Dorohusk, 5%

– in Korczowa, 4% – in Terespol, and 8% – via other border crossings. A minor

part of questionnaires (5%) were filled in by persons crossing the Polish border

at an airport. The actual locations of border crossings studied has been shown

on the map on page 78.

The fact that individuals under study had been requested to fill their ques-

tionnaires (albeit anonymously) in at border crossings directly could have well

influenced their responses. Those border crossings are referred to as “mixed

border crossings”, meaning that they are available to those in motor vehicles,

22

pedestrians, and train travellers. Fifty-two questionnaire handlers worked their

shifts in groups of two or three, with at least one team member speaking Rus-

sian or Ukrainian.

Polish citizens had also shown interest in the monitoring campaign, express-

ing a wish to fill in questionnaires and declare their opinion of the service stan-

dard at border crossings. As a result, 308 Polish citizens filled questionnaires in

along all border sections; their responses were not taken into account at the

stage of summarising the study, however, in view of the assumption that re-

search was to apply to foreign citizens only.


In this part of the Report, we present study results concerning the situation at

selected border crossings along Poland’s eastern border. We have divided study-

related data down into information describing the group of travellers, the man-

ner and purpose of their entry onto Polish territory, and the impact of those

factors on treatment offered to them by border authorities. The main part of the

description relates to data allowing for a depiction of the Border Guard and

Customs officers’ behaviour at border crossings under study. We quote such data

as roundup statistics in this Section; all figures in tables forming part of the

“Annex” Section have been quoted with accuracy down to one decimal point.

Expectations of individuals participating in the study with regard to the condi-

tions of crossing Poland’s eastern border have been presented in the final part

of the Report.

Purpose of TravelTwenty-nine percent have declared tourism as the purpose of entry into Po-

land, with 24% declaring business, 16% – trade, 11% – family visit, 6% – transit,

and 14% – other purposes. The overall list also proves that for 94% of travellers,

Poland was the country of destination, with a mere 6% declaring to be in transit

(Table No. 7 in the “Annex” Section).

The number of individuals arriving in Poland for trade purposes may be un-

derestimated for obvious reasons. It is surprising, however, that nearly 1/5 of all

Study ResultsTeam

Jakub Boratyñski

Stefan Batory

Foundation

Leszek Chajewski,

Ph.D.

Collegium Civitas

Marta Kindler

Stefan Batory

Foundation

Professor Irena

Rzepliñska,

Ph.D. Hab.

Helsinki Foundation

for Human Rights

Karolina Stawicka

Stefan Batory

Foundation

Ernest Zienkiewicz

Helsinki Foundation

for Human Rights

24

respondents decided to reveal that particular purpose of travel, which may quite

possibly mean that “trade” is slowly but surely becoming a socially acceptable

(or at least routine) form of activity, a crucial element of economic and social life

in border areas. Moreover, persons declaring “business” as the purpose of their

entry into Poland could have been actually arriving for reasons such as trade and

other earnings-related activities.

The high percentage of respondents declaring “tourism” as the purpose of

travel ought to be approached cautiously as well, as the majority of travellers

from Central and Eastern Europe do engage in trade or illegal employment dur-

ing their stay in a given country, and are hence referred to as “false tourists”4 .

In Medyka (35%) and Bobrowniki (26%) the percentage of respondents declar-

ing “trade” as the purpose of travel had been the highest. At Bezledy, “tourism”

was the most frequently quoted reason (44%), with “trade” ranking last (5%).

Graph No. 1

4 Recent Trends in International Migration. Authors: M. Okólski, E. Kêpiñska. Social Studies Institute of

the Warsaw University, Warsaw 2001, Institute (ISS) Migration Works series No. 43; Migration Pres-sures on Europe. Author: M. Okólski. Social Studies Institute of the Warsaw University, Warsaw 1999,

Institute (ISS) Migration Works series No. 26


Legal Basis for Entering PolandEighty-eight percent of respondents entered Poland as part of non-visa traffic, with

30% of those carrying a supplementary document (voucher), and 12% carrying an

invitation (see Table No. 8 in the “Annex” Section). Entry on the basis of such docu-

ments has been sanctioned directly by international agreements signed by Poland.

The terms and conditions of an option to cross the border as part of non-visa

traffic open to Belarussian and Russian citizens have been set out in an agree-

ment by and between the governments of the Republic of Poland and that of the

Union of Socialist Soviet Republics of December 13th 1979 concerning the recip-

rocal non-visa travel rights of citizens of both countries. Crossing the border as

part of non-visa traffic by citizens of those states is strictly related to the purpose

of travel. Travelling for tourism purposes involves a passport and voucher, pri-

vate travel requires a passport and invitation, a business traveller has to carry a

passport with a relevant entry (the “AB” stamp). Citizens of those states could,

however, also apply for an entry visa to Poland.

Ukrainian citizens have had the opportunity of enjoying non-visa travel since

August 1997, under terms and conditions set out in the inter-governmental agree-

ment of June 25th 1996.

The situation shall change as of October 1st 2003, the date of introducing a

visa requirement for Belarussian, Russian, and Ukrainian citizens. Citizens of all

these states will have to carry a visa in order to enter Poland. According to a

resolution adopted by the Council of Ministers on January 11th 2000 on adjusting

the visa policy of the state to that of the European Union, Poland has undertak-

en to introduce specific amendments prior to the date of accession. With regard

to citizens of states specified in the Council’s (WE) ordinance No. 539/2001 of

March 15th 2001, a visa requirement has been introduced. Visas have to be car-

ried by citizens of Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Cuba, Moldova,

Mongolia, Tajikistan, and Turkmenistan5 .

5 The action plan concerning the implementation of the Schengen-related acquis communautaire in

Poland as adopted by the European Integration Committee Office as of August 15th 2001 was a

supplement to the Polish negotiating position in the Justice and Home Affairs area.

26

Visa-carrying TravellersIn the group of 12% declaring entry into Poland with a visa, more than 41%

received a visa to undertake university studies, 24% carried tourist visas, 13%

had a work visa, and 6% – a transit visa, with 15% carrying visas listed under

“other” (relevant Table in the “Annex” Section).

Those arriving in Poland to attend university seem to be the most interesting group,

with Ukrainians forming the vast majority. Despite the legally guaranteed option for a

foreign citizen to apply for temporary residence in Poland when undertaking universi-

ty studies (Article 17 clause 2 item 4 of the Aliens Act), those individuals preferred to

apply for a visa specifically relating to university studies. The main reason behind such

decisions most probably relates to the fact that the relevant visa fee is waived in case of

foreign citizens studying in Poland. Anyone applying for a temporary residence permit

when undertaking university studies, on the other hand, has to pay a permit decision

fee of PLN 300.00, and a discount fee of PLN 25.00 for the temporary residence card6 .

Authors believe that foreign citizens did not apply for a change in the basis of

their stay on Polish territory, i.e. for temporary residence permits, out of fear of

refusal and its consequences (upon refusal they would have to leave the territo-

ry of the Republic of Poland, as per Article 22 clause 3 of the Act).

Treatment of Foreign Citizens at Border CrossingsRespondents’ answers to questions concerning the attitude of Border Guard

and Customs officials to travellers can be broadly divided into three behaviour

categories: 1) “good, very good”; 2) “normal, correct”; 3) “bad, rude”. The ma-

jority of responses had been distinctly emotional.

The first response category involved such descriptions as “very good”, “very

friendly”, “with a smile”, “very cultured”, “professional according to top Europe-

an standards”, “perfect”. Those who had encountered describing very good be-

haviour rarely used more than a few words in their description.

6 In conformity to the Home Affairs and Administration Minister’s ordinance of December 20th 2001 on

the issue of fees collected from foreign citizens in Poland for document issue (Journal of Law of January

8th 2002), and to the Stamp Duty Act of September 9th 2000 (Journal of Law of October 17th 2000).


The second response category involved phrases such as “decent”, “respect-

ful”, “quite good”, “neutral”, “indifferent”. A relatively frequent phrase was that

of border authorities proceeding “according to the letter of law”, or “by the

book”. This was the broadest category, and thus involved neutral assessment;

albeit some of the phrases used could be seen as rather positive and others as

rather negative, descriptions in this category did not distinctly belong in any of

the extreme valuation classes (good, very good, bad, or very bad).

The following phrases were used to describe bad or rude behaviour: “very

bad”, “vulgar”, “boorish”, “patronising”, “very unpleasant”, “swearing”, “disre-

spectful”, “contemptuous”, “aggressive”. Respondents often described the actu-

al situation they encountered, emphasising that it had definitely been proof of

very poor treatment. For example: “We were referred to as a terrorist group”,

“the officers shouted and called us women of easy virtue”.

When interpreting responses to open-end and description-based questions,

we adopted the general or colloquial understanding of all terms and phrases used.

Broader descriptions offered a much better picture of the situational context, which

had led to a specific assessment having been offered. Further examples of Border

Guard or Customs officers’ attitude to travellers have been quoted below.

The frequent use of certain phrases describing behaviour of the neutral cate-

gory (“according to the letter of law”, or “by the book”) would require further

consideration. Such an assessment of the Border Guard and Customs officers’

behaviour by respondents reflects their perception of law abiding by border

authorities. The availability of information on any by-laws, rules and regulations

determining the proper manner of proceeding by such services is limited. The

Legal Conditions of Foreigner Entry to and Stay in the Republic of Poland Section

contains a detailed description of pending legal regulations. The Border Guard

Act obliges officers to respect the dignity, rights and freedoms of all citizens

(Article 9 clause 5). To date, however, there have been no detailed legal provi-

sions introduced to determine any Code of Ethics binding for Border Guard offic-

ers7 . Nonetheless, ethics forms part of training for all Border Guard employees.

In terms of customs authorities, the behaviour of a Customs officer is duly spec-

ified in the Code of Ethics of a Customs Officer (Kodeks etyki funkcjonariusza

28

S³u¿by Celnej), an internal document signed by the Customs Services Nestor on

September 21st 2000. albeit the Code is not an act of law, co-ordinators responsi-

ble for its enforcement have been appointed; the fundamental terms and condi-

tions thereof are also taught to all Customs trainees.

Examples of border authority representatives described below relate to two

categories of individuals: respondents and “other persons”. The “other persons”

category refers to persons who had or had not crossed the border (the question-

naire does not differentiate). Moreover, respondents to the questionnaire had the

opportunity of describing situations they had witnessed with regard to others.

Border Guard Officers’ Behaviourin Contact with Foreign Citizens Crossing the BorderMore than one-half of respondents described the Border Guard officers’ be-

haviour as good and very good, outstanding in terms of politeness; 51% de-

scribed the Border Guard attitude as “good, polite”; 33% – as “neutral, official”;

7% – “rude, brutal, bad”. Nine percent of respondents offered no opinion at all

(see Table No. 14 under the “Annex” section).

Behaviours described as normal or official form part of the “correct” behav-

iour category. Attitudes rated as excellent by more than one-half of respondents

ought to become a standard along Polish borders.

Respondents also encountered bad and boorish behaviour: 3% of respondents

gave such rating to the Bezledy border crossing; 11%, 14%, and 10% of respon-

dents offered similar opinion on the Medyka, Hrebenne, and Bobrowniki border

crossings, respectively. This proves that every tenth study participant had encoun-

tered bad or very bad treatment at border crossings at the latter three locations.

7 By virtue of a decision of May 11th 2000, the Chief Commander of the Border Guard introduced a

Code of Ethics for Border Guard Officers (Zasady Etyki Funkcjonariusza Stra¿y Granicznej). Following

the amendment of the Border Guard Act (of April 11th 2001, Journal of Law No. 45, item 498), the

above decision was annulled. As of the date of amendment, all and any executive legislation has to be

passed as an ordinance, or else shall be declared null and void – as set out in the constitutional

system of the general sources of law. To date, the competent Minister for administration and home

affairs has not issued a relevant ordinance.


Graph No. 2

A handful of quotes from respondents’ comments: “we were called a terrorist

group”, “they were uncivil, they humiliated us”, “they treated us like cattle”,

“officers took bribes”.

Some respondents offered a comparison of border authorities’ behaviour and

attitudes on both sides of the border; for example, the behaviour and attitude of

the Polish border authorities was “more negative than of the Belarussian servic-

es”, or “worse than on the Ukrainian side of the border”.

Respondents were also asked about the Border Guard and Customs officers’

attitude towards other individuals crossing the border. Forty-one percent of re-

spondents declared that in contact with other travellers, officers behaved “offi-

cially, neutrally”, 40% described their behaviour as “good, polite”; 20% – as “boor-

ish, brutal, bad”.

At border crossings made part of the study, i.e. in Bezledy, Medyka, Hrebenne,

and Bobrowniki 14%, 22%, 22%, and 24% of respondents noted “bad, brutal,

boorish” behaviour with regard to other individuals, respectively.

8 Based on descriptions of corrupt behaviour quoted i.a. in Corruption in Everyday Experience. StudyReport (Korupcja w doœwiadczeniu codziennym. Raport z badañ), author: Anna Kubiak, Anti-corruptionProgram of the Stefan Batory Foundation and the Public Affairs Institute, Warsaw 2001.

30

Graph No. 3

Thus, respondents noted negative behaviour more frequently with regard to

other travellers (“other persons”) than with regard to themselves. The percent-

age of responses describing the attitude of Border Guard officers as negative

towards “other persons” grows considerably, reaching a rate of 24% in the ex-

treme. This means that practically every fifth foreign citizen had been exposed

to boorish, brutal, and bad behaviour when crossing the border.

With regard to treatment offered to “other persons” by border authorities,

the following phrases and descriptions were used: “unbelievably nightmarish”,

“humiliating”; “sometimes uncivil, officers were using obscenities”; “a vulgar

attitude towards persons smuggling liquor”; “Customs officers mocked travel-

lers, pulled personal belongings, such as underwear, out of luggage and dis-

played them in public”; “border service officers were brutal to small traders trav-

elling to Poland’; “humiliating”; “officers shout at people crossing the border”.


Customs Officers’ Behaviourin Contact with Foreign Citizens Crossing the BorderThe majority of respondents offered a positive description of the Customs offic-

ers’ attitude, declaring it to have been good, very good, model. Fifty percent of

respondents described the Customs officers’ behaviour as “good, polite”; 32% –

as “neutral, official”; 7% – “rude, brutal, bad”. Eleven percent of respondents of-

fered no opinion at all (see Table No. 16 under the “Annex” section).

Behaviour described as normal or official forms part of the “correct” behav-

iour category. As in case of the overall opinion of the Border Guard officers’

behaviour, attitudes rated as very good ought to become a standard among Cus-

toms officers. Also in this case, the intensity of negative Customs officers’ behav-

iour varied at different border crossings (Bezledy – 3%, Medyka – 9%, Hrebenne

– 16%, Bobrowniki – 11%) (See Table No. 12 under the “Annex” Section).

Graph No. 4

Respondents described such behaviour as follows: “they were malicious, of-

ficers shouted, called us ladies of easy virtue”; “bad, same as in case of liquor

32

traders”; “bad, they treated us like cattle”; “vulgar”; “particularly vulgar and

boorish” (any bad or impolite Customs officer is referred to as “Gaga”).

Respondents spoke directly or indirectly of cases of corruption8 or indicative

of corrupt behaviour encountered among Customs officers: “officers demanded

money from the bus driver”; “travellers carrying vodka or cigarettes pay PLN 100

to the Border Guard and PLN 100 to Customs officers. If they don’t pay, border

authority employees think up a variety of reasons of why not to let people

through”; “Polish Customs officers took a bribe of USD 1,000 from a bus next to

us, and let it through without any check”9 .

Form of Crossing the BorderThe majority of respondents organised their own travel (72%), 20% travelled

as a group; 8% provided no response (see Table No. 10 under the “Annex” Sec-

tion). This bore no influence over the border authorities’ attitude to travellers

(see Tables Nos. 20, 21, 22 under the “Annex” Section).

Fifty percent of respondents crossed the border by car, 22% – by bus, 15% – by

train, 5% – by air, and 8% – using other forms of transport. According to our esti-

mates, persons declaring “other” forms crossed the border on foot, and mainly

used the border crossing in Medyka (see Table No. 11 under the “Annex” Section).

We studied the connection between poor treatment encountered at the bor-

der and the means of transport used by respondents. Ten percent of bus travel-

lers, 10% of air passengers, 8% of car travellers and 3% of train passengers were

exposed to bad treatment by Border Guard authorities.


Graph No. 5

On the other hand, 18% of air passengers, 11% of bus travellers, 7% of car

travellers and 3% of train passengers described the behaviour of Customs offic-

ers as “bad, boorish”.

Graph No. 6

This data shows that the largest share of respondents were exposed to bad

behaviour of both the Border Guard and the Customs officers while travelling by

34

air (14%, on average), by bus (11%), and by car (8%). Report authors believe that

the high number of comments concerning a poor attitude of Border Guard and

Customs authorities to airplane passengers may stem from the fact that such per-

sons expect a higher service standard, are more aware of what is due to them, and

are better educated (95% of air travellers in the study group have declared univer-

sity education), which is why they may be more critical in their assessment.

Twenty-seven percent of bus travellers, 24% of train travellers, 22% of air pas-

sengers and 15% of car travellers have noticed bad treatment of “other per-

sons”. The percentage of negative behaviour observed in border authorities (the

Border Guard, Customs authorities) towards “other persons” is considerably high-

er than in case of poor treatment respondents were exposed to themselves. The

difference in the perception of how respondents were treated and the treat-

ment of “other persons” is the highest in case of train travellers (3% vs. 24%).

Graph No. 7

For obvious reasons, the opportunities for observing how other travellers are

treated is greater on a bus or train than in a car.


The Future Border as Seen by Foreign Citizens.Suggestions for the FutureWhen asked what would make entry onto Polish territory easier in the future,

respondents provided exhaustive responses, frequently offering more than one

suggestion. All suggestions concerned the following issues: visas; more profes-

sional border authorities; getting rid of queues; improving the border crossing

infrastructure; customs clearance; and general conditions of entering the Re-

public of Poland.

Respondents appealed for visas not to be introduced for citizens of eastern

states at all, although most of them realised (as proved in their comments) that

the postulate is absolutely unrealistic. They offered a number of comments as to

the form of obtaining and price of the visa.

Part of the respondents did, however, suggest that visa-based traffic should

not be introduced: “a green line for business travellers”; “non-visa traffic would

be ideal; should visas be introduced, less time should be spent applying for and

getting them, everything should be dealt with within the span of one day”; non-

visa entry to Poland for residents of the Kaliningrad Region”; “border area resi-

dents would like to enter Poland carrying an ID card only, following the example

of the South”.

Others offered suggestions as to the terms and conditions of granting visas

and of related procedures, such as the introduction of multiple entry and long-

term visas, i.a. “at least for three months”; “no visas or long-term visas”. The

issue of visa prices was raised repetitively, the “cheap visa” was a frequent re-

quest, as was the waiver of visa fees for some categories of foreign citizens, for

example: “cheap tickets, short queues at border crossings, cheap visas and resi-

dence cards, because they are too expensive for Ukrainian students”; “simplified

visa procedures for CIS representatives”; “free-of-charge visas for business trav-

ellers”. Some complained that after visas are introduced their options for com-

ing to Poland shall be limited: “after visas are introduced, your respondent will

not be able to visit Poland, or at least will be dependent on the visa price list”;

“residents of the Kaliningrad Region should be provided with a right of easy and

inexpensive visa purchase. Otherwise, crucial contacts in culture, education, and

36

art shall be jeopardised. This relates chiefly to certain groups – young people,

for example – who would be hit very strongly.”

Comments were also offered as to the form of issuing visas and the proce-

dures applied, for example: “crossing the border is relatively easy; visa applica-

tion procedures could be simplified, however”; “more simple visa procedures;

visa price reduction, and getting the visa in a single day”; “free-of-charge multi-

ple-entry visas”; “should visa-based traffic be introduced, the visa application

procedure ought to be more simple. An option of purchasing a visa at the border

would be highly desirable. The visa should be inexpensive”; “in the future, after

visas are introduced, efficient operation of consulates ought to be ensured, so

that visas could be issued fast and with no undue obstacles”10 .

Some referred to the suggested Charter of the Pole11 : “recognition of Polish citi-

zenship, so that persons of Polish origin resident in Ukraine could travel without a

visa”; “Ukrainian students of Polish origin should be issued free-of-charge visas.”

9 The prosecution services and press had disclosed such cases as well. See For Borders Yours and Ours(Za granice wasze i nasze). Gazeta Wyborcza of July 30th 2002, Zbigniew Lentowicz, Mafia Interests,Smuggling, Corruption, Humiliating Travellers (Mafijne interesy, przemyt, korupcja, upokarzaniepodró¿nych). Rzeczpospolita of March 5th 2002, The Border Guard: Accusations of the Supreme Cham-ber of Audit and Control are Untrue (Stra¿ graniczna: zarzuty NIK s¹ nieprawdziwe). Rzeczpospolita of

July 29th 2002, What They Promised to Do (Do czego siê zobowi¹zali). Rzeczpospolita of July 30th 2002

and of August 26th 2002, He Took Money for Organising a Job, Bribery at the Border (Bra³ pieni¹dze zaza³atwienie pracy, £apówkarstwo na granicy). ¯ycie of November 23 rd – 24th 2002,

www.wiadomosci.tvp.pl of December 7th 2002, Border Guards Take Bribes in Bezledy (Stra¿nicy –³apówkarze w Bezledach).

10 Proposals made by the government of the Republic of Poland to the governments of Ukraine and

Byelorussia were an attempt at meeting some of the postulates voiced. See i.a. Piotr Koœciñski, TruthCannot Hurt (Prawda nie mo¿e zaszkodziæ), Rzeczpospolita of February 14th 2003; Piotr Koœciñski,

Miñsk Ready for Compromise (Miñsk sk³onny do ustêpstw), Rzeczpospolita of February 21st 2003; Jêdrzej

Bielecki, S³awomir Popowski, Russians Closer to the Union (Rosjanie bli¿ej Unii), Rzeczpospolita of

February 26th 2003; Piotr Koœciñski, Ukrainians – Rather Not, Ukraine – Fine (Ukraiñcy – raczej nie,Ukraina – tak), Rzeczpospolita of February 21st 2003.

11 The draft Charter of the Pole Act (at the date of submission, the draft had been entitled Act on theCharter of the Pole and the course of recognising persons of Polish nationality or of Polish origin asbelonging to the Polish Nation, Document (Sejm – Lower House of the Polish Parliament) No. 147 of

November 13th 1998) provided that the Charter shall serve i.a. as a “nationality-based visa” entitling

its holders to multiple crossings of the border of the Republic of Poland with no requirement of

presenting sufficient funds, and to on the territory of the Republic of Poland for unlimited periods.

Works on the draft Act were adjourned after the close of the Sejm of the Fourth Term.


Travellers extensively discussed matters of an overall improvement in the

border authority representatives’ attitude to foreign citizens, of greater respect

for human rights, and of improving qualifications, language skills included.

Respondents wrote: “treat people with greater respect, we do have ‘some

rights’, after all”; “officers should treat travellers in a good, human way”; “offic-

ers should be able to speak languages to communicate with people arriving

from other countries, they should be able to speak English, at least”; “human

dignity ought to be respected during any control procedures”; “the Border Guard

should be interested in the safety of travellers awaiting their turn at the border”;

“Customs officers should respect human (travellers’) dignity”; “border authority

employees should speak some languages, should have at least a minimum com-

mand of a foreign language”.

The issue of avoiding traveller discrimination was raised, as was that of differ-

ent standards applied to different individuals depending on their citizenship. Com-

ments were made that “persons crossing the border should be treated equally;

this applies to Ukrainians and Poles, specifically”; “the attitude of Polish border

authority officers to travellers could be better – more respect for human rights”.

Travellers also suggested a greater availability of information on the rights of

individuals crossing borders. They pointed out the lack of information on general

terms and conditions of entering the Republic of Poland, on customs regulations,

as well as on the detailed rights of travellers, for example in what case and under

what conditions can a body check be performed. Respondents appealed for “rules

of crossing the border to be placed on international trains (duty-free limits for

money, liquor, tobacco); translation for Polish Customs officers”; “respect for hu-

man rights, translation of legal international documents into the Ukrainian lan-

guage, placing relevant plaques at border crossings, respect for human dignity”.

Respondents mentioned long queues specified as an obstacle to efficient

border crossing, and appealed for their elimination. “More efficient clearance of

vehicles in transit; a separate line; recording the order of vehicles”; “cancellation

of the ‘card’ or ‘voucher’ system, which makes queues at the border longer”;

“shorter queues, faster clearance”; “higher border crossing capacity; shorter

waiting time at the border’.

38

We have placed travellers’ recommendations concerning infrastructure im-

provement on border crossings in a separate category. Conforming to such ap-

peals would definitely make queues at border crossings shorter; respondents

had been adamant about increasing the number of border crossings as such.

The study was held in the summer of 2002, at the time of renovation at the

border crossing in KuŸnica Bia³ostocka, respondents arriving from Belarus were

appealing for a “possibly quick reopening of the border crossing in KuŸnica”12 .

They also suggested the “setting up of extra lanes; making the border crossing

broader; increasing the transport clearance capacity”.

Many travellers awaiting clearance and employees working at border cross-

ings find proper sanitary conditions important, lavatory facilities included. Re-

spondents mentioned “the use of public toilets and showers.”

The respondents’ comments also concerned an improvement in the overall

conditions and making customs clearance quicker; moreover, they mentioned

amendments to customs regulations, and specifically increasing the limits in the

quantity of goods eligible for import into Poland; “possibility of importing greater

quantities of goods to the Republic of Poland”; “establishing a duty-free zone”;

“cancelling goods transfer limits”; some respondents referred to excise tax goods

directly: “lifting the ban on the transfer of more than 200 litres of fuel”, or “an

option to carry more than 100 packets of cigarettes into the Republic of Poland

at any one time”. Suggestions were made to simplify and speed up customs

clearance at the border, and to introduce joint customs clearance procedures,

e.g. at the Bezledy border crossing (“single-time customs clearance, with no fur-

ther stops along the Bezledy-Bartoszyce route”).

Other comments concerned general conditions of entry to Polish territory,

and amendments to laws on foreign citizens, including the legally required cash

funds to be presented per day of stay in Poland. The following was proposed,

among others: “cancelling that rule”; “no limits in the amount of cash funds

considered sufficient as a requirement to enter the Republic of Poland”. Other

12 The border crossing at KuŸnica Bia³ostocka was reopened on January 1st 2003 (i.e. after the study

had been completed); renovation works took two and a half years.


suggestions were mentioned as well: “separate customs clearance procedures

for foreign and local travellers”; “right to cross the border twice (double entry)

within the span of one month”; “whoever is found with excess quantity of ciga-

rettes should be prohibited from crossing the border – there would be no queues.

After visas are introduced, visa rights should be cancelled for at least one year

for anybody holding more tobacco products than legally allowed”; “entry to

Poland against the ‘AV’ stamp should not be cancelled, as the nearest Polish

embassy is that in Moscow, and getting a visa would be extremely problematic.”

In general, more than two-thirds of respondents submitted their comments;

the greatest percentage, i.e. 21%, commented on the visa situation; 17% would

like queues to be shorter at border crossings, 11% would see a need for border

authorities to become more professional, and for travellers’ rights to be respect-

ed; 3% would like general entry conditions to be changed; 2% pointed out the

need to improve infrastructure and customs clearance efficiency. Thirteen percent

of respondents offered more than one suggestion; supplementary comments con-

cerned visas (8% of respondents), queues (9%), and border authorities (6%).

Graph No. 8

Furthermore, respondents answered a question concerning future potential

improvement in terms of their entry into Poland. In Bezledy, 37% mentioned

visas, 31% – queue elimination, 12% – improved professionalism of border ser-

vices and respect for human rights, 11% offered more than one response, with

9% mentioning other factors.

In Medyka, 31% of respondents mentioned visas, 26% offered a number of

comments, 18% mentioned improved professionalism and respect for human

rights, 12% – eliminating queues, and 7% mentioned other factors.

In Hrebenne, 38% of respondents mentioned queue elimination, 22% – im-

proved professionalism and respect for human rights, 19% offered more than

one suggestion, 13% mentioned visas, and 8% – other factors.

In Bobrowniki, 31% of respondents mentioned queue elimination, 21% of-

fered more than one suggestion, 14% mentioned visas, 11% – improved profes-

sionalism and respect for human rights, 11% – infrastructure improvements,

40

and 8% – other factors (see Tables Nos. 27 and 28 under the “Annex” Section).

Overall traveller opinions seem to prove that the existent legal system and the

imminent perspective of visa requirements are not necessarily most major as seen

by foreign citizens. Such had been the comments of travellers crossing the border

at Bezledy and Medyka, whereas users of the Hrebenne and Bobrowniki crossings

declared queues to be the major impediment in travelling to Poland.

The following recommendations have been drafted against suggestions of

respondents concerning travel to Poland as well as overall study results.


Dialogue and Co-operationWe do appreciate efforts made by the Polish border authorities to the pur-

pose of modern border management. While striving for continuous improve-

ment in traveller service and commodity clearance standards, these authorities

pay substantial attention (as we see it) to the culture of clearance and to the

necessity of respecting the human dignity of persons crossing the Polish border.

This is why as part of our monitoring study, the majority of foreign citizens have

offered a positive or neutral opinion about the attitude of Polish border author-

ities to foreign citizens crossing the border.

Nonetheless, negative behaviour – on however limited a scale – confirm the

need for a public debate on respecting foreigners’ rights and on the Polish mi-

gration policy. We believe that the participation of non-governmental organisa-

tions in such debate may increase the efficiency of operations to the purpose of

improving the operating standards of border authorities. We expect those au-

thorities – as well as all supervising institutions, international organisations

operating in Poland (i.a. the IOM and UNHCR), and Polish non-governmental

organisations to remain open to dialogue and co-operation. We hope that any

conclusions drafted as part of the Border Monitoring Program shall help estab-

lish such dialogue, and stimulate further debate – both domestically and on a

European forum – concerning the nature of Poland’s eastern border, soon to

become the external border of the European Union.

RecommendationsTeam

Jakub Boratyñski

Stefan Batory

Foundation

Grzegorz Gromadzki

Stefan Batory

Foundation

Professor Irena

Rzepliñska,

Ph.D. Hab.

Helsinki Foundation

for Human Rights

Karolina Stawicka

Stefan Batory

Foundation

Ernest Zienkiewicz

Helsinki Foundation

for Human Rights

42

Improving the Professionalismof Border Authorities and Respecting Human RightsThe appeal for an improvement in Border Guard and Customs Authorities

qualifications remains valid, as it relates closely to the level of respect for the

dignity of travellers and for human rights. Any incidents of human rights viola-

tion and of improper behaviour ought to be revealed and eliminated in the course

of routine supervision operations, and as part of internal audit and control. In-

ternal audit procedures should also aim at eliminating corruption, and any cor-

rupt behaviour or attitudes.

Codes of Ethics should be adopted for Border Guard and Customs Authorities

officers in the form of binding legislation, with disciplinary or even criminal sanc-

tions laid out for their violation. Existent internal documents describing funda-

mental rules of Customs service ethics and recommended behaviour have no

legal binding power. Border Guard services, on the other hand, have no such

document at all, albeit their officers are trained i.a. in ethics. Such documents

should be made available (e.g. as brochures or on websites) to individuals cross-

ing borders, Poles and foreign citizens alike – in order for them to be aware of

rules the Border Guard and Customs officers have to adhere to.

Border authority training should involve more than issues of human rights

and ethics, but elements of psychology as well – stress management or interper-

sonal skills development, for example. This will certainly enable an improve-

ment of service standards at border crossings, while the officers themselves will

be trained to manage difficult situations at work.

All border authority services ought attend language training courses, includ-

ing languages spoken by our eastern neighbours, at the bare minimum at the

very least. The command of foreign languages ought to be a prerequisite for

working at border crossings.

Information AvailabilityInformation on the terms and conditions of crossing the border, as well as rules

and regulations of passport and customs clearance ought to be made available at

border crossings and at Polish consular and diplomatic facilities. Upon introduc-


ing the visa requirement for Belarussian, Russian and Ukrainian citizens, informa-

tion concerning any changes to the conditions of entering and staying on Polish

territory should be made available not at border crossings and consulates only

(although this is the absolute minimum), but also at travel agencies, non-govern-

mental organisations, and to Polish communities abroad. This will enable the alle-

viation of unavoidable difficulties and soften the negative impact of new regula-

tions on the overall scale of arrivals to Poland. Distributing such information at

visible locations at border crossings and on international trains will support the

process of becoming acquainted with the valid legal regulations, and help build

mutual respect between travellers and border service officers.

Moreover, such displays should quote the address and telephone number of

institutions foreign citizens could turn to and file complaints in case of any of

their rights being violated. The very fact of an institution like that existing would

boost respect for the rights and dignity of travellers. Such contact information

should obviously be displayed in visible locations at border crossings and their

neighbourhood (e.g. at petrol stations or parking lots).

Monitoring the Conditions at Border CrossingsThe situation at border crossings ought to be monitored from the viewpoint

of the border authorities’ conformity to law and their respect for human rights,

but also as concerns border management efficiency. More frequent border cross-

ings audits shall enable the elimination of pathologies such as corruption or

human rights violation. Reports on relevant conditions should be made avail-

able to the public, which would definitely help build confidence and trust in the

Border Guard and Customs Authorities.

The study we held on treatment offered to foreign citizens at the Polish bor-

der and on conditions of crossing said border, and especially the openness of

our foreign respondents have confirmed our belief that such endeavours ought

to be held on a regular basis by the state administration as well as by indepen-

dent institutions. The Poles’ interest shown in the campaign as reported by ques-

tionnaire handlers is indicative of a need to hold similar studies also among

Polish citizens resident abroad.

44

Polish authorities may use all data collected in the process of drafting propos-

als to amend the European migration policy (border management systems in-

cluded), and to establish a proper foreign policy with regard to such states as

Ukraine, who may be applying for European Union membership in the long-

term perspective.

Border Crossing Expansion and ModernisationThose are the prerequisites for swift and efficient border crossing, and thus

for improving border capacity and ensuring proper conditions to travellers, while

guaranteeing higher work comfort to border authority officers (the Border Guard

and the Customs service alike).

The ultimate purpose should go beyond setting up new lanes and border and

customs clearance units, and extend to modernisation of sanitary facilities, and

organising proper waiting rooms, for example.

Foreign citizens as well as representatives of border area local communities have

been appealing for new border crossings to be constructed along the eastern bor-

der. In order for the postulate to be implemented, local communities will need to co-

operate with central state authorities as well as with other counterparts.

VisasAs of July 1st 2003, the visa shall become the legal document required for

citizens of Belarus, Russia, and Ukraine wishing to enter Polish territory. Negoti-

ations are in progress between the Polish government and the governments of

Russia and Belarus as concerns the terms and conditions of issuing visas to their

citizens (a relevant agreement has been signed with Ukraine already). The op-

tion of receiving a multi-entry, multiannual, inexpensive (or free-of-charge) visa

shall be one of the factors crucial to keeping a high level and intensity of the

social, trade, and cultural exchange with our eastern neighbours. An efficient

visa issue system combined with high border clearance service standards shall

help implement the concept of a friendly border, and serve as a positive signal

for our neighbours from the East.


According to Article 5 clause 1 of the Aliens Act of June 25th 1997, a foreigner

may cross the Polish border and stay on Polish territory providing that he or she

meets the following two conditions:

1. he or she holds a valid travel document, i.e. a document recognised by rele-

vant authorities of the Republic of Poland as sufficient to cross the border,

and issued to him or her by an authority of the foreign state, by a Polish

authority, an international organisation, or another entity duly authorised to

do so by a relevant authority of the foreign state or a foreign authority with

state competencies;

2. he or she holds a visa.

Exceptions to the above may be specified in separate legal provisions. Such

other provisions may be found i.a. in international agreements regulating the

so-called non-visa traffic, which agreements according to the current legal sta-

tus extend to the citizens of all states sharing a border with Poland.1 This condi-

tion shall change as of July 1st 2003, whereupon a visa requirement shall have

been introduced for citizens of Russia, Belarus, and Ukraine.2

Provisions on border area local traffic also form a specific separate set of

regulations, duly contained in the following:

- the Border Area Local Traffic Agreement signed by and between the govern-

ments of the Republic of Poland and of the German Federal Republic in Bonn

on November 6th 1992,

Legal Conditions of ForeignerEntry to and Stayin the Republic of PolandErnest Zienkiewicz

Ernest Zienkiewicz

Program of Legal

Assistance for

Foreigners and

Refugees, Helsinki

Foundation for

Human Rights

48


ments of the Republic of Poland and of the Czech Republic in Prague on Jan-

uary 17th 1995 (Journal of Law, 1996, No. 46, item 207);


ments of the Republic of Poland and of the Slovak Republic in Zakopane on

December 6th 1996 (Journal of Law, 1997, No. 127, item 827, as amended).

Moreover, so-called direct border area traffic – encompassing passenger traf-

fic along a section of the state border with the Russian Federation, the Belarus

Republic and Ukraine – had been regulated by virtue of an Agreement signed by

and between the governments of the Polish People’s Republic and that of the

Union of Socialist Soviet Republics on the issue of direct (simplified) border cross-

ing procedures applicable to citizens resident in border zone locations, as duly

signed in Moscow on May 14th 1985 (Journal of Law, 1986, No. 24, item 114).

Furthermore, the President of the Office for Repatriation and Aliens may, in

agreement with the Chief Commander of the Border Guard, ex officio, or upon a

motion of a consul or commander of a border control Border Guard unit, issue a

permit for a foreign citizen not fulfilling statutory conditions for entry to or stay

in the Republic of Poland to enter or stay in Polish territory, should that be re-

quired by humanitarian considerations or in light of the interest of the Republic

of Poland. Provisions of neither the Administrative Proceedings Code nor the

Supreme Administrative Court Act shall apply for purposes of issuing such per-

mit or the permit itself (Article 68d clause 1 of the Aliens Act).

The VisaA visa is a permit issued to a foreign citizen by a relevant authority of the

Republic of Poland, or by an entity (such as a consul) whose competencies in the

field stem from international agreements binding to the Republic of Poland,

such permit making the foreign citizen eligible for entry to, transit, stay on, and

departure from the territory of the Republic of Poland within a specific time

period, for a specific purpose, and under terms and conditions as specified therein

(Article 4 clause 2 of the Aliens Act).

The visa contains personal data of the foreign citizen, and features a specific


symbol to mark the purpose of such foreign citizen’s entry to and stay in the Re-

public of Poland3 . Moreover, a visa remains valid for a specified period, no longer

than 5 years, during which the first entry to and the final departure from the terri-

tory of the Republic of Poland must take place. Moreover, the visa specifies the

number of entries allowed (single, double, multiple entry), the number of days

allowed per stay (not to exceed three months), the number and type of document

it has been placed in, the place of issue and code of the issuing authority, and the

date of issue; it also features space for official annotations. Furthermore, the visa

may specify other conditions, such as the location where the border should be

crossed, and contain other information – e.g. concerning the number of children

and other persons accompanying the foreign citizen, whom the visa has been

issued to, and listed in the travel document held by such foreign citizen.

A visa for transit across the territory of the Republic of Poland shall be issued

to a foreign citizen for a period not exceeding 5 days; a visa entitling a foreign

citizen to enter, stay in, and leave the transit area of an international airport shall

be issued for a period not exceeding 2 days.

Data specified in the visa may be encoded. No amendments to the visa and/

or its contents are allowable.

According to a new draft Aliens Act as adopted by the Council of Ministers, a

short-term visa enabling a foreign citizen to stay on Polish territory for three-

months, or a long-term visa shall be replacing the formerly used residence visa4 .

A long-term visa allowing a foreign citizen to stay on Polish territory for a period

of up to one year shall be issued to such citizen in cases specified in Article 25

clause 4 items d-j of the draft Aliens Act (i.a. with relation to a going business

concern, cultural activity, international conference attendance, or for research,

training, or didactic purposes, barring employment and work).

Visa Issue ProceedingsAccording to Article 79 clause 1 of the Aliens Act, competent authorities for

purposes of visa issue or refusal include the following:

a. abroad (beyond Polish territory) – a consul;

b. domestically (within Polish territory) – a voivode competent in the foreign

50

citizen’s area of residence, or (in particularly justified cases) – a commander

of a border control Border Guard unit.

The course of visa-related proceedings has been specified in the Ministry’s of

Interior and Administration ordinance of June 27th 2001 on the issue of detailed

rules, course of proceedings, and sample documents concerning foreign citizens.

A foreign citizen applying for a visa shall file a visa application, the receipt of

which shall be confirmed and date-stamped by a consul or voivode in such for-

eign citizen’s travel document. Should a foreign citizen apply for a visa when

crossing the border, the commander of a border control Border Guard unit may

– in justified cases, should there be no possibility of having a photograph taken

– waive the requirement of such foreign citizen enclosing a photograph to the

visa application. Visa applications shall be filled in in the Polish language; not-

withstanding the above, a consul or commander of a border control Border Guard

unit may allow the foreign citizen to fill in the visa application, barring repatria-

tion visa applications, in a foreign language. Annex and any other documents

attached to visa applications and issued by foreign authorities and/or institu-

tions shall be translated into the Polish language by a duly authorised translator

or consul. This requirement shall not be applicable to applications and/or docu-

ments filed in proceedings handled by the consul.

A foreign citizen filing a visa application in person shall be served with a

written notice describing the rules and course of proceedings, and of his/her

rights and responsibilities. The foreign citizen shall then confirm in writing hav-

ing been served with the above. Should a foreign citizen be filing a visa applica-

tion by mail, such notice shall also be served to him/her by mail with a return

confirmation of delivery; should a necessity arise to summon the foreign citizen

to a relevant entity for purposes of administrative proceedings, the above notice

shall be served to such citizen immediately before any proceedings commence.

The visa (a self-adhesive and duly protected sticker) duly filled in by the issuing

authority shall be inserted in a foreign citizen’s travel document, if the validity of

such document exceeds by at least three months the period within which the

foreign citizen is obliged to leave the territory of the Republic of Poland as against

the visa. The visa shall be inserted on a blank page of the travel document, duly


assigned to visas. Should the foreign citizen’s travel document be due for expiry

within a period shorter than three months, the visa shall be refused.

In particularly justified cases, the commander of a border control Border Guard

unit or consul may place the visa in a so-called form-issue passport. Upon leav-

ing the territory of the Republic of Poland, the foreign citizen shall returned the

visa and the form-issue passport to the commander of a border control Border

Guard unit.

Competent decision-making authorities shall be entitled to mutual consult-

ing, provide each other with all data collected, and apply to other authorities for

information required for the decision-making process, and in particular infor-

mation concerning the occurrence of circumstances described in Article 13 clause

1 of the Aliens Act.

A foreign citizen shall be refused a visa should negative premises stipulated

in Article 13 clause 1 of the Aliens Act be disclosed, for example in case of a

viable suspicion that the purpose of the foreign citizen’s entry to or stay on the

territory of the Republic of Poland is of a different nature than that declared, or

in case of a former final expulsion decision having been issued, or in case of the

foreign citizen having been formerly officially obliged to leave the territory of

the Republic of Poland. Moreover, a visa shall be refused in case of a period

specified in Article 13 clause 1 item a) of the Aliens Act not having expired – e.g.

a period of 5 years as of the date of enforcing an expulsion decision, had the

costs of such expulsion been covered by the State Treasury.

Furthermore, a visa or right of entry to the territory of the Republic of Poland

shall be refused in case of the period since the last refusal being shorter than 12

months, and the foreign citizen having failed to present new circumstances to

justify a visa or right of entry consent.

Visa issue proceedings handled by a consul carry a special procedure status.

Excluding consular proceedings from the scope of the Administrative Proceed-

ings Code has resulted – among others – in a consul not being obliged to justify

a visa refusal. Moreover, foreign citizens hold no right of appeal against a con-

sul’s negative decision. The only right due to a person dissatisfied with a con-

sul’s decision is that of filing a complaint with the authority issuing the visa

52

refusal. In case of a lack of a positive response to accusations listed in the com-

plaint, the consul shall be obliged to submit such complaint to the Minister of

Foreign Affairs. A complaint may also be filed with the Minister of Foreign Af-

fairs directly, with the consular level bypassed. Should proceedings be handled

by a consul, the foreign citizen has no right to file a case against a refusal with

the Supreme Administrative Court.

Proceedings before a voivode are subject to stipulations of the Administra-

tive Proceedings Code. A decision to the effect of visa refusal issued within the

territory of the Republic of Poland shall specify the date, by which a foreign

citizen is obliged to leave the territory of the Republic of Poland. Should a voivode

refuse to issue or extend a visa, the foreign citizen has the right to appeal – via

the voivode – to the President of the Office for Repatriation and Aliens. The right

to file a complaint against the President’s decision with the Supreme Adminis-

trative Court shall be determined by the condition of a foreign citizen’s legal stay

within the territory of the Republic of Poland5 .

There is no right of appeal against a visa refusal decision issued by a com-

mander of a border control Border Guard unit.

A voivode or commander of a border control Border Guard unit shall affix the

visa refusal decision in the travel document of the foreign citizen with an appro-

priate seal specifying the decision type and number, the legal basis for such

refusal, and with a signature of a duly authorised Border Guard employee or

officer; alternately, a relevant annotation can be made to the travel document,

specifying the decision type and number, and the legal basis for such refusal;

such annotation shall be accompanied with a signature of a duly authorised

Border Guard employee or officer, and with an official seal of the unit.

Crossing State BordersState borders shall be crossed via border crossings duly assigned and open to bor-

der area traffic, and with the use of documents authorising their holders to do so.

Prior to the enactment of the Home Affairs and Administration Minister’s

ordinance of June 25th 2002 on the issue of border control to be exercised by

Border Guard officers6 , Border Guard responsibilities had been regulated by the


Home Affairs Minister’s ordinance of May 9th 1992 on the issues of border con-

trol and body checks, and of baggage content control and cargo checks by Bor-

der Guard officers in ports, railway and bus stations, as well as in means of pub-

lic transport. The June 2002 ordinance introduced no major changes to the rules

of exercising border control or checking the baggage content.

All individuals crossing the state border are obliged to undergo border con-

trol procedures, consisting of a check of the authenticity and validity of docu-

ments authorising their holders to cross the state border, and of a confirmation

of the identity of persons holding such documents, all such procedures to be

performed by duly authorised Border Guard officers. Any individual crossing a

state border shall also be obliged to offer clarification concerning specifically

the nature and purpose of his/her entry to Polish territory, the capacity for cov-

ering all and any expenses of stay in and leaving Poland, and the nature of bag-

gage carried and means of transportation used. Moreover, border control proce-

dures entail a check whether the entry of a specific foreign citizen to Polish

territory might not be undesirable in light of the Aliens Act, and whether compe-

tent authorities had not issued a ban on leaving the territory of the Republic of

Poland by a specific individual, with relation to him/her having committed an

illegal act subject to prosecution.

The enforcement of border control procedures may be confirmed by the doc-

ument held by a specific individual authorising him/her to cross the state border

being check-stamped, such stamp bearing the national emblem of the Republic

of Poland and SG RP (Border Guard of the Republic of Poland) initials, and spec-

ifying the place and date of the state border having been crossed, the border

crossing type, and the check-stamp number.

Moreover, any foreign citizen entering the territory of the Republic of Poland

shall be obliged to hold (and present on demand by a competent authority)

sufficient financial means required to cover the costs of entering, crossing, stay-

ing on, and leaving the territory of the Republic of Poland, as well as a permit to

enter another state or return to such foreign citizen’s country of origin, should

such permit be required. The holding of sufficient financial means may be con-

firmed by presentation of Polish currency or of foreign currency eligible for legal

54

exchange in the Republic of Poland, of documents making the holder eligible to

receive legal tender, or of an invitation or document confirming the booking of

and advance payment for accommodation and meals. The amount of funds re-

quired to cover the costs of entering, crossing, staying on, and leaving the terri-

tory of Poland by foreign citizens crossing the border of the Republic of Poland,

and the form and manner of documenting the possession and use thereof have

been stipulated in the Home Affairs and Administration Minister’s ordinance of

June 20th 2002.

Furthermore, a commander of a border control Border Guard unit may spec-

ify the period, for which a foreign citizen shall be eligible to stay on the territory

of the Republic of Poland, in conformity to the amount of funds (financial means)

held. A decision stipulating the length of a foreign citizen’s stay within the terri-

tory of the Republic of Poland depending on the amount of funds held shall be

duly affixed in his/her travel document by a seal specifying the decision type and

number and the legal basis for the relevant decision, such seal to be accompa-

nied by a signature of a duly authorised Border Guard officer; alternately, such

decision can be confirmed in the form of an annotation specifying the decision

type and number and the legal basis for the relevant decision, such annotation

to be accompanied by a signature of a duly authorised Border Guard officer, and

an official seal.

Customs Authorities officers are duly authorised to perform all and any cus-

toms control duties. Selected responsibilities of the Customs Authorities – e.g.

for purposes of border area local or direct traffic – may also be performed by

Border Guard officers.

In case of a justified suspicion of an illegal act subject to prosecution having

been committed, the suspect individual shall be obliged to allow access to all

items, baggage, and means of transport carried or used, and should also submit

to a body check on demand by a Border Guard officer. An individual shall be

informed of the intention to perform a body check prior to such body check

commencing. A body check shall be performed by an officer of the same gender

in a separate room assigned to the purpose and inaccessible to third parties.

Any individual submitting to a body check may demand that such body check be


held in the presence of a third person.

Prior to the check of the content of baggage carried by individuals crossing

the state border, the owners or holders or such baggage shall be duly informed

of the proceedings. All baggage shall be checked in the presence of the owner

or holder thereof.

Border control proceedings may also involve the use of technical equipment

and service dogs, always in a manner causing no danger or threat to individuals

undergoing a check.

In the course of performing their duties, Border Guard officers shall be obliged

to respect human dignity, as well as human and civic rights and freedoms.

Refusal to Grant Right of Entry to the Territory of the Republic of Poland

In accordance with Article 80 clause 1 of the Aliens Act, refusal to grant right

of entry to the territory of the Republic of Poland shall be issued in the form of a

decision by the commander of a border control Border Guard unit, should a

premise recognised as a basis for visa refusal be disclosed (Articles 13 and 13a of

the Aliens Act). Moreover, a foreign citizen may be refused right of entry to the

territory of the Republic of Poland, should he/she fail to produce sufficient funds,

e.g. to cover the costs of staying in Poland, or a permit to enter another state or

return to his/her country of origin, should such permit be required.

Furthermore, right of entry to the territory of the Republic of Poland may be

refused to a minor foreign citizen should he/she have no accompanying statuto-

ry representative, even in case of such minor foreign citizen holding a valid trav-

el document, funds required for entry and stay, and a visa, or being authorised

to enter the Republic of Poland by virtue of an agreement binding to the Repub-

lic of Poland.

Any decision to refuse right of entry shall be duly annotated in the foreign

citizen’s travel document. Such decision to refuse right of entry shall be enforced

with immediate effect, and shall cause visa annulment by law. A foreign citizen

who has been refused right of entry to the territory of the Republic of Poland

shall have the right to appeal against such decision to the Chief Commander of

the Border Guard7 .

56

International AgreementsLifting the Visa Requirement:

1. Agreement entered into by and between the governments of the Republic of

Polish People’s Republic and that of the Union of Socialist Soviet Republics on

December 13th 1979 in Warsaw, concerning the reciprocal non-visa travel rights

of citizens of both countries (Journal of Law, 1980, No. 13, item 41, as amend-

ed). It applies to citizens of the Russian federation, Belarussia, and Ukraine.

Acts of Law,Ordinances and Proclamations:

1. Administrative Proceedings Code Act of June 14th 1960 (Journal of Law, 2000,

No. 98, item 1071, uniform script, as amended).

2. Supreme Administrative Court Act of May 11th 1985 (Journal of Law, 1995, No.

74, item 368).

3. Aliens Act of June 25th 1997 (Journal of Law, 2001, No. 127, item 1400, uni-

form script).

4. Act on the Functions and Role of Consuls to the Republic of Poland of Febru-

ary 13th 1984 (Journal of Law, 1997, No. 9, item 34).

5. State Border Protection Act of October 12th 1990 (Journal of Law, 1990, No.

78, item 461, as amended).

List of SelectedRelevant Legislation(legal status as of February 2003)


6. The Border Guard Act of October 12th 1990 (Journal of Law, 1990, No. 78, item

462, as amended).

7. The Customs Code Act of January 9th 1997 (Journal of Law, 1997, No. 23, item

117, as amended).

8. The Customs Services Act of July 24th 1999 (Journal of Law, 1999, No. 72, item

802, as amended).

9. The Home Affairs and Administration Minister’s ordinance of June 27th 2001 on

the issue of detailed rules, course of proceedings, and sample documents con-

cerning foreign citizens (Journal of Law, 2001, No. 68, item 716, as amended).

10. The Council of Ministers ordinance of January 8th 2002 on the organising,

receiving, and considering complaints and motions (Journal of Law, 2002, No.

5, item 46).

11. The Home Affairs and Administration Minister’s ordinance of June 20th 2002

on the issue of sufficient funds required to cover the costs of entering, crossing,

staying on, and leaving the territory of Poland by foreign citizens crossing the

border of the Republic of Poland, and on the form and manner of documenting

the possession and use thereof (Journal of Law, 2000, No. 91, item 815).

12. The Home Affairs Minister’s ordinance of December 5th 1991 on the territo-

rial scope of border crossings, and on the terms and conditions of crossing

the state border (Journal of Law, 1991, No. 117, item 510, as amended).

13. The Home Affairs Minister’s ordinance of June 25th 2002 on the issue of

border control to be exercised by Border Guard officers (Journal of Law, 2002,

No. 96, item 862).

14. The Home Affairs and Administration Minister’s ordinance of November

30th 2001 on the issue of conditions to be adhered to when setting up rooms

on Border Guard premises to hold persons in custody, and on the rules and

regulations of such custody (Journal of Law, 2001, No. 148, item 1657).

15. The Finance Minister’s ordinance of August 20th 1999 on the issue of author-

ity to be granted to other state administration institutions with regard to

performing selected responsibilities normally assigned to border services (Jour-

nal of Law, 1999, No. 73, item 819, as amended).

58

16. Foreign Affairs Minister’s proclamation of November 27th 2002 on the issue

of announcing a list of states with whom Poland had signed agreements to

the effect of a partial annulment of the visa requirement, or who had unilat-

erally annulled the visa requirement for citizens of the Republic of Poland

(Monitor Polski, 2002, No. 61, item 881).

17. The Home Affairs and Administration Minister’s proclamation of November

15th 1999 on the issue of announcing border crossing locations, the form of

traffic allowable at such crossings, and their opening hours (Monitor Polski,

1999, No. 37, item 568).

report. monitoring poland's eastern borders · “border area protection troops” ( wojska...

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